| (a) Initiating service. Where a transmission service customer
uses the transmission facilities in the Electric Reliability Council of Texas
(ERCOT), whether its own facilities or those of another transmission service
provider (TSP), to serve load or to make sales of energy to a third party,
it shall apply for transmission service pursuant to this section, the ERCOT
protocols, and commission-approved tariffs.
(b) Conditions precedent for receiving service. Subject to
the terms and conditions of this section and in accordance with the ERCOT
protocols and commission-approved tariffs, the TSP will provide transmission
service to any transmission service customer as that term is defined in §25.5
of this title (relating to Definitions), provided that:
(1) the transmission service customer has complied with the
applicable provisions of the ERCOT protocols;
(2) the transmission service customer and the TSP have completed
the technical arrangements set forth in subsection (e) of this section; and
(3) if the transmission service customer operates electrical
facilities that are interconnected to the facilities of a TSP, it has executed
an interconnection agreement for service under this section or requested in
writing that the TSP file a proposed unexecuted agreement with the commission.
(c) Procedures for initiating transmission service. A transmission
service customer requesting transmission service under this section must comply
with the ERCOT protocols and commission-approved tariffs.
(1) The transmission service customer shall provide all information
deemed necessary by ERCOT to evaluate the transmission service.
(2) ERCOT must acknowledge the request within ten days of receipt.
When the request is complete, the acknowledgment must include a date by which
a response will be sent to the transmission service customer and a statement
of any fees associated with responding to the request
(e.g., system studies).
(3) If a transmission service customer fails to provide ERCOT
with all information deemed necessary, then ERCOT shall notify the transmission
service customer requesting service within 15 business days of receipt and
specify the reasons for such failure. Wherever possible, ERCOT will attempt
to remedy deficiencies in the application through informal communications
with a transmission service customer.
(4) If ERCOT determines that a system security screening study
is required, upon approval of the requesting transmission service customer,
ERCOT will initiate such a study. If this study concludes that the transmission
system is adequate to accommodate the request for service, either in whole
or in part, or that no costs are likely to be incurred for new transmission
facilities or upgrades, the transmission service will be initiated or tendered,
within 15 business days of completion of the system security screening study.
(5) If ERCOT determines as a result of the system security
screening study that additions or upgrades to the transmission system are
needed to supply the transmission service customer's forecasted transmission
requirements, the TSP will, upon the approval of the requesting transmission
service customer, initiate a facilities study. When completed, a facilities
study will include an estimate of the cost of any required facilities or upgrades
and the time required to complete such construction and initiate the requested
service.
(6) When a transmission service customer requests transmission
service for a new resource under this section, ERCOT shall establish the scope
of any system security screening study. The study will be used to determine
the feasibility of integrating such new resource into the TSPs' transmission
system, and whether any upgrades of facilities providing transmission are
needed. ERCOT will perform the system security screening study.
(A) ERCOT shall complete the system security screening study
and provide the results to the transmission service customer within 90 days
after the receipt of an executed study agreement and receipt from the transmission
service customer of all the data necessary to complete the study. In the event
ERCOT is unable to complete the study within the 90-day period, it will provide
the transmission service customer a written explanation of when the study
will be completed and the reasons for the delay.
(B) The requesting transmission service customer shall be responsible
for the cost of the system security screening study and shall be provided
with the results thereof, including relevant work papers to the extent such
results and workpapers do not contain protected competitive information as
reasonably determined by ERCOT.
(C) ERCOT will use a methodology consistent with good utility
practice to conduct the system security screening study and shall coordinate
with affected TSPs as needed in determining the most efficient means for all
TSPs in the ERCOT region to assure feasibility of transmission service.
(d) Facilities study. Based on the results of the system security
screening study, the TSP shall perform, pursuant to an executed facilities
study agreement with the transmission service customer, a facilities study
addressing the detailed engineering, design and cost of transmission facilities
required to provide the requested transmission service.
(1) The facilities study will be completed as soon as reasonably
practicable. If the TSP may charge a contribution in aid of construction under §25.195
of this title (relating to Terms and Conditions for Transmission Service),
the TSP shall notify the transmission service customer whether it considers
that a contribution in aid of construction is appropriate and the amount of
the contribution. The TSP shall base its request on the information in the
system security screening study, the facilities study, good utility practice,
and §25.195 of this title.
(2) The transmission service customer shall be responsible
for the reasonable cost of the facilities study pursuant to the terms of the
facilities study agreement and shall be provided with the results of the facility
study, including relevant workpapers.
(3) Pursuant to §25.195(c)(2) of this title, the TSP shall
be responsible for the costs of any planning, designing, and constructing
of facilities of the TSP associated with its addition of new facilities used
to provide transmission service.
(e) Technical arrangements to be completed prior to commencement
of service. Service under this section shall not commence until the installation
has been completed of all equipment specified under the interconnection agreement,
consistent with guidelines adopted by the national reliability organization
and ERCOT, except that the TSP shall provide the requested transmission service,
to the extent that such service does not impair the reliability of other transmission
service. The TSP shall exercise reasonable efforts, in coordination with the
transmission service customer, to complete such arrangements as soon as practical
prior to the service commencement date.
(f) Transmission service customer facilities. The provision
of transmission service shall be conditioned upon the transmission service
customer's constructing, maintaining and operating the facilities on its side
of each point of interconnection that are necessary to reliably interconnect
and deliver power from a resource to the transmission system and from the
transmission system to the transmission service customer's loads.
(g) Transmission arrangements for resources located outside
of the ERCOT region. If a transmission service customer intends to import
power from outside the ERCOT region, it shall make any transmission arrangements
necessary for delivery of capacity and energy from the resource to an interconnection
with ERCOT.
(h) Changes in service requests. A transmission service customer's
decision to cancel or delay the addition of a new resource shall not relieve
the transmission service customer of the obligation to pay for any study conducted
in accordance with this section.
(i) Annual load and resource information updates. A transmission
service customer shall provide ERCOT with annual updates of load and resource
forecasts for the following five-year period. The transmission service customer
also shall provide ERCOT with timely written notice of material changes in
any other information provided in its application relating to the transmission
service customer's load, resources, or other aspects of its facilities or
operations affecting the TSP's ability to provide reliable service under Division
1 of this subchapter.
(j) Termination of transmission service. A transmission service
customer may terminate transmission service after providing ERCOT and the
appropriate TSP with written notice of its intention to terminate. A transmission
service customer's provision of notice to terminate service under this section
shall not relieve the transmission service customer of its obligation to pay
TSPs any rates, charges, or fees, including contributions in aid of construction,
for service previously provided under the applicable interconnection service
agreement, and which are owed to TSPs as of the date of termination.
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